The Judicial Branch

The Role of the Judicial Branch To interpret and define law Hear individual cases and decide how the law should apply Remember federalism – there are federal courts for federal law, and state courts for state laws!

Where Do the Courts’ Jurisdiction Come From? Article III of the Constitution “one supreme court, and such inferior courts” that Congress creates Congress created the system underneath Supreme Court

3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 94 1 District Court

Jurisdiction Jurisdiction the authority of a court to hear (try and decide on) a case

Jurisdiction: 4 Types of Jurisdiction Exclusive Jurisdiction – only federal court has authority to hear, state court cannot Concurrent Jurisdiction – federal or state court could hear Original Jurisdiction – court is the first one to hear a case Appellate Jurisdiction – court can only hear a case on appeal

Jurisdiction U.S. District Courts have original jurisdiction The Court of Appeals has appellate jurisdiction Supreme Court has both

Appointment of Supreme Court Judges President nominates someone to become a Supreme Court Judge Senate majority vote confirms Judges serve for life

Why Life Terms? Founding Fathers wanted an independent judiciary Freedom to decide a case impartially

District Court District Court is the first trial for the vast majority of federal cases 94 Districts divided geographically Hears both criminal and civil cases

Process of a Criminal Case *do not write * U.S. attorney gathers up all the evidence against you Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict you (charge you with a serious crime) If they vote to indict you, trial begins with a new jury

Process of a Criminal Case *do not write * If you lose your trial, you have the option to appeal to a higher court The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision Higher courts have the option to overturn or modify lower court decisions

Supreme Court The “Court of Last Resort” – highest court in the country Has power of judicial review

Judicial Review Judicial Review – the power to declare acts of government unconstitutional All comes from the case of Marbury v. Madison

Another Route to Supreme Court Georgia Supreme Court Court of Appeals Georgia Court of Appeals District Court Superior Court

How a Case Reaches Supreme Court Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it Sur-shee-uh-rair-ahy, rair-ee Called the “Rule of 4”

Trial Process at Supreme Court Trial does not function like principal trial courts No “evidence” presented, or witnesses questioned, etc. Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices

Trial Process at Supreme Court Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to Majority Opinion – final decision on the case, signed by at least 5 justices Becomes precedent for how future similar cases should be decided

Trial Process at Supreme Court Dissenting Opinion – written or signed by any justice who disagrees with the majority It’s important because it can become the logic for a future group of justices to overturn this decision

Trial Process at Supreme Court Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

Current Supreme Court Justices Chief Justice John Roberts Appointed: Bush, 2005 Age: 62 Conservative

Current Supreme Court Justices Anthony Kennedy Appointed: Reagan, 1988 Age: 80 Swing Vote (Usually Conservative)

Current Supreme Court Justices Clarence Thomas Appointed: Bush, 1991 Age: 68 Strong Conservative

Current Supreme Court Justices Ruth Bader Ginsburg Appointed: Clinton, 1993 Age: 84 Strong Liberal

Current Supreme Court Justices Stephen Breyer Appointed: Clinton, 1994 Age: 78 Liberal

Current Supreme Court Justices Samuel Alito Appointed: Bush, 2006 Age: 67 Conservative

Current Supreme Court Justices Sonia Sotomayor Appointed: Obama, 2009 Age: 62 Strong Liberal

Current Supreme Court Justices Elena Kagan Appointed: Obama, 2010 Age: 57 Liberal

Current Supreme Court Justices Neil M. Gorsuch Appointed: Trump, 2017 Age: 50 Conservative